Progressive Book Club - Terms Of Service Agreement

Welcome to the Progressive Book Club (PBC). Please read these Terms of Service (TOS) carefully as they contain important information regarding your legal rights and obligations and are a binding agreement between you and PBC. These TOS govern all use of the PBC website (Site), including interactive resources such as blogs and chat groups (which we call collectively the Communication Platform). These TOS also govern your membership in PBC, along with the Membership Agreement, which includes additional provisions specific to your membership in the book club.

By using the Site, by registering with PBC, and/or by becoming a member of PBC, you agree to be bound by these TOS. PBC reserves the right, in its sole discretion, to change, modify, add to, or delete from these TOS at any time by posting a revised version of these TOS on this page. Each version of these TOS will indicate at the top of this page the date they were last revised. Your continued use of the Site, or your subsequent registration or entry into membership, after any revised version of these TOS is posted constitutes your acceptance of the revised version. Notwithstanding the foregoing, if you are a member of PBC, PBC will directly notify you of any revised version of these TOS and will seek your specific consent in order to keep your account active.

If you do not understand these or any future TOS or if you do not or cannot agree to these or any future TOS, do not use or access (or continue to use or access) the Site.

Part I - Progressive Book Club, Members and Registered Users

PBC offers you the option of joining as a member. Members receive the opportunity to purchase books at competitive prices and other possible benefits. Membership is governed by these TOS and by the Membership Agreement. Click Join Now to join the PBC book club.
PBC may offer a Communication Platform and/or other resources on our Site and elsewhere. PBC may require you to register with us for access to some or all of these resources. You will be prompted at the time you seek to access these resources if registration is required.
You must provide valid and accurate registration and account information, and you must keep your information up to date, particularly your email and shipping addresses. We may refuse, suspend, or terminate your membership and/or your access to some or all of our Site and services if you fail to do so.
You may not share your username or password. You are responsible for any use or misuse of our Site and/or your membership account that is undertaken by someone using your username and password (unless such person improperly obtained your username and password from us).
You must be at least eighteen (18) years old to use the Site, and by using the Site, you represent and warrant that you are at least eighteen (18) years old. Any use of the Site, including any registration or attempted entry into membership, by anyone under eighteen (18) years old is unauthorized and is a violation of these TOS.
Part II - Site and Communication Platform
PBC maintains the Site (including the Communication Platform) for your personal information, education, and entertainment. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio, and/or video) of the Site for any other purpose, including any public or commercial purpose. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or "frame" the Site or any content of the Site without PBC's prior written consent. IT IS STRICTLY PROHIBITED TO DOWNLOAD IMAGES OF PRODUCTS THAT APPEAR ON THE SITE. All rights not expressly granted by PBC in these TOS are reserved to PBC and/or its licensors, as applicable.
PBC may offer a Communication Platform, and PBC reserves the right to charge fees for access to some or all of it. PBC may add, remove, and/or change content, functions, features, and/or services associated with the Site and/or the Communication Platform at any time and without notice.
Without limiting the foregoing, you agree not to use the Site, including the Communication Platform, to:
   a. harvest or collect email addresses or contact information of other users;
   b. use automated scripts to collect information from or otherwise interact with the Site;
   c. post, upload, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
   d. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
   e. post, upload, transmit, share, store or otherwise make available any advertising, promotional materials, bulk mail or junk mail, spam, chain letters, or any other form of solicitation;
   f. solicit personal information from anyone under 18 or solicit passwords or personally identifying from any other user; or
   g. post, upload, transmit, share, store or otherwise make available any material that contains or comprises computer code, including without limitation software viruses.
We reserve the right to terminate or limit your use of all or parts of the Site following a violation or multiple violations of these TOS.
PBC does not control the information and/or data posted by any users of the Site, and we do not vouch for the accuracy, integrity, or quality of any such information and/or data. PBC does not endorse any opinions expressed by any users of the Site. We do not undertake any obligation to monitor the information and/or data posted by any users of the Site, and our removal of information and/or data in specific circumstances shall not be deemed a general undertaking to monitor. You acknowledge that you may be exposed to information that you find offensive or otherwise objectionable.
You agree that under no circumstance will PBC, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with (a) any information or data posted by any users of the Site, including without limitation errors or omissions in such information or data; (b) any loss or damage of any kind incurred as a result of the use by you or a third party of any such information or data; or (c) any failure to correct or remove information or data.
You acknowledge that PBC may establish day-to-day operational practices that supplement these TOS, and PBC may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Communication Platform and logging off users who are inactive for an extended period of time during a login session. You acknowledge that PBC has no responsibility for the storage or deletion, or the failure to store or delete, of any information or data.
The Communication Platform may enable users to arrange physical book club meetings (as distinguished from online meetings) or other in-person gatherings. PBC does not control or monitor the formation or conduct of these meetings, and PBC has no control over the actions of any individuals at those meetings. You should use caution and good judgment when considering attending any such meetings, as you would attending any meeting of persons you do not know.
You agree that under no circumstance will PBC, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way in connection with your attendance at (or travel to or from) any such meeting.
Part III - Trademarks
The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by PBC, whether currently or in the future.
The look and feel of the Site, including the Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of PBC and may not be copied, imitated, or used, in whole or in part, without the prior written consent of PBC.
Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.
All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by PBC, unless expressly so stated.
You may not use any of the Trademarks to create a link to the Site without the prior written consent of PBC.
Part IV - Copyrights
The content (text, images, audio, and video, as applicable) of the Site as well as the underlying programming code to create the Site is owned by us, is protected under copyright law, and may not be copied, reproduced, distributed, modified, or publicly displayed.
Nothing contained herein grants or shall be construed to grant you any rights to use any of the content of the Site or its underlying programming code.
PBC respects the intellectual property of others and expects its members and users to do the same. If you believe that your copyrighted work appears on the Site in a manner that constitutes copyright infringement, please notify us and provide all of the information set forth in 17 U.S.C. 512(c)(3). We will promptly follow the take-down procedures set forth in the Copyright Act, and we will notify you of any counter-notice that we receive. Our designated agent for receipt of these notices is: Friedman Law Group LLP, 270 Lafayette Street, 14th Floor, New York, NY 10012. Attn: Tracey Kitzman.
Part V - Restriction and Termination of Use
PBC may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in PBC discretion, without cause, without prior notice, and without liability to you.
Part VI - Limitations and Disclaimers
Your use of the Site, including the Communication Platform, is at your own risk. It is provided as is and without warranty of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. None of PBC, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners is or will be liable to you for any harm arising out of your access to or use of or out of your inability to access or use the Site. In addition, we will not be liable to you under any circumstances for any incidental, consequential, indirect, or punitive damages. Our maximum liability to you for any reason or cause shall be US$10.
PBC makes no warranty that the Site will meet your expectations or needs, that your access to the Site will be uninterrupted or that the Site will be free from errors or defect (or that errors or defects will be corrected).
The Site may contain links to third-party sites. PBC has not reviewed all of the third-parties to which the Site may be linked, and PBC is not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and may be subject to the terms of service that govern those sites.
Part VII - Indemnification
You agree to indemnify, defend, and hold harmless PBC, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, liability, claim, demand, damages, costs and expenses, including attorney fees and costs, arising in any manner out of or in connection with your use of the Site, including without limitation as a result of content you post to the Communication Platform.
Part VIII - Additional Terms
These TOS constitute the entire agreement between you and PBC relating to the subject matter hereof, and they supersede any prior agreements between you and PBC relating to the same. The failure of PBC to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.
These TOS and the relationship between you and PBC shall be governed by the laws of the State of New York, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in New York County. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.
These TOS are personal to you and may not be assigned, delegated, or transferred in any way. Any attempt to do so shall be void.
If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to legal@progressivebookclub.com.

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Progressive Book Club - Terms Of Service Agreement